Matchcomm Petition t

PETITION submitted by US Department of Justice

Petition to Adopt Conditions to Authorizations & L

2018-06-19

This document pretains to ITC-214-20170227-00054 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142017022700054_1427170

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Matchcom Telecommunications and ) Phonetime, Inc. ) Application for Global and Limited ) ITC-214-20170227-00054 Global Facilities-based Authority and Global ) And Limited Global Resale Authority ) Pursuant to Section 214 of the ) Communications Act of 1934, as amended ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The U.S. Department of Justice (“USDOJ”), to include its components, the National Security Division (“NSD”) and the Federal Bureau of Investigation (“FBI”), submits this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission (“Commission”) rules.1 Through this Petition, the USDOJ advises the Commission that it has no objection to the Commission approving the authority sought in the above-referenced proceeding, provided that the Commission conditions its approval on the assurance of Matchcom Telecommunications, Inc. (“Matchcomm”) and Phonetime, Inc. (“Phonetime”) to abide by the commitments and undertakings set forth in the June 5, 2018 Letter of Agreement (“LOA”), a copy of which is attached hereto. The Commission has long recognized that law enforcement, national security, and public safety concerns are part of its public interest analysis, and has accorded deference to the views of other U.S. government agencies with expertise in those areas. See In the Matter of Comsat Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Rcd. 21,661, 21707 ¶ 94 (2001). 1 47 C.F.R. § 1.41.

After discussions with representatives of Matchcom and Phonetime in connection with the above-referenced proceeding, the USDOJ, NSD and FBI have concluded that the additional commitments set forth in the LOA will help ensure that the FBI, which has the responsibility of enforcing the law, protecting the national security, and preserving public safety, can proceed appropriately to satisfy those responsibilities. Accordingly, the USDOJ advises the Commission that it has no objection to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance with the LOA. Respectfully submitted, Bermel R. Paz U.S. Department of Justice National Security Division Foreign Investment Review Staff Bicentennial Building 600 E Street NW, Suite 10007 Washington, D.C. 20530 June 15, 2017 2

tellza 1250 E. Hallandale Bch Blvd PH—1 Hallandale, F1 33009 954—156—3191 Date: 6/5/2018 Assistant Attorney General for National Security United States Department of Justice National Security Division 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Sir: This Letter of Agreement ("LOA"or "Agreement") sets forth the commitments being made by Tellza Inc.. pertaining to its subsidiaries, Matchcom Telecommunications Inc.and Phonetime, Inc. to the U.S. DepartmentofJustice ("DOJ") to address national security, law enforcement, and public safety concerns that cameto the attention of DOJ upon review of Federal Communications Commission ("FCC" or "Commission") application file number ITC— 214—20170227—00054. That application requested authorityto provide global or limited global facilities—based services and global or limited global resale services between the United States and all authorized international points pursuant to Section 214 of the Communications Act of 1934, as amended ("Section 214"), and the implementing regulations at 47 C.F.R. § 63.18(e)(1) and (2). This agreementalso supersedes the agreement between Phonetime.Inc., Symphony Holdings, Inc. and Symphony Telecommunications, LLC and DOJ and the Department of Homeland Security ("DHS"), dated November 10, 2009, in reference to FCC IB File No. ITC— T/C—20080206—00088. That agreement served as a condition to Phonetime‘s FCC authorizations and licenses as set forth in the "Petition to Adopt Authorizations and Licenses"filed by DOJ on November 19, 2009. Tellza Inc.. adopts as true and correctall statements Matchcom Communications LLC and Phonetime, Inc. have made to DOJ and the FCC in the course ofthe reviewofthe above— referenced applications, and it hereby adopts those statements as the basis for this LOA. Tellza Inc.. further agreesthat it shall have the responsibility to comply with the terms of this LOA. 1. For purposes ofthis LOA, the following definitions apply: 1.1 Tellza Inc.., Matchcom Telecommunications Inc., and Phonetime, Inc. are referred to collectively herein as "TCI" or its successors in interest, "Matchcom"

means Matchcom Telecommunications Inc. orits successorsin interest, and "Phonetime" means Phonetime. Inc. or its successors in interest. 1.2 "Access"or "Accessible" means the abilityto physicallyor logically undertake any ofthe following actions: (a) to read. copy. divert, or otherwise obtain non—public information or technology from or about software, hardware, a database or other system, or a network: (b) to read, edit, or otherwise obtain non— public information regarding TCI‘s personnel, contractors. service partners,. subscribers, or users; (¢)to add, edit, delete, reconfigure, provision or alter information or technologystored on software, hardware, a system or network; and (d) to alter the physical or logicalstate of software, hardware, a system or a network. 1.3 "Customer Proprietary Network Information" (CPN1)shall mean as defined in 47 U.S.C. §222(h)(1). 1.4 "Date of this LOA" shall mean the date on which the Letter of Agreement is finalized by TCI and DOJ. 94 "Domestic Communications," as used herein, means: (1) Wire Communications or Electronic Communications (whether stored or not) from one U.S. location to another U.S. location; and (b) the U.S. portion of a Wire Communication or Electronic Communication (whether stored or not) that originates or terminates in the United States. 1.6 "Domestic Communications Infrastructure" means any systems, equipment, hardware, software or applications that capture or control, or transmit the flow of domestic communications on behalfof Matchcom, including information technology supporting such networks. 1.7 "Electronic Communication"has the meaning provided in 18 U.S.C. §2510(12). 1.8 "Electronic Surveillance" means: (a) the interception of wire, oral, or electronic communications as defined in 18 U.S.C. § 2510(1). (2). (4) and (12). respectively, and electronic surveillance as defined in 50 U.S.C. § 1801(f): (b) Access to stored wire or electronic communications, as referred to in 18 U.S.C. § 2701 et seg.; (¢) acquisition of dialing, routing. addressing. or signaling information through pen register or trap and trace devices or other devices or features capable of acquiring such information pursuant to law as defined in 18 U.S.C. § 3121 er seq. and 50 U.S.C. § 1841 er seq.; (d) acquisition of location— related information concerning a subscriber or facility; (e) preservation of anyof the above information pursuant to 18 U.S.C. § 2703(f); and (f) access to or acquisition, interception, or preservation of, wire, oral, or electronic communications or information as described in (a) through (e) above and comparable state laws.

1.9 "Foreign" means non—United States. 1.10 "Geolocation Data" means any information collected by Matcheom or Phonetime from its customers regarding a customer‘s or the customer‘s device‘s location. 1.11 "Government" means any government, or governmental, administrative, or regulatoryentity, authority, commission, board, agency, instrumentality, bureau or political subdivision, and anycourt, tribunal, judicial or arbitral body. 1.12 "Internet Protocol Detail Record" ("IPDR") is a streaming data protocol used by operations support systems and business support systemsto collect and record a user‘s data traffic statistics on a network. 1.13 "Internet Search Information"includes anydata and metadata collected by Matchcom or Phonetime about its customer‘s internet browsing or online purchasing activities through any mechanism permitted by the services offered by Matchcom or Phonetime. 1.14 "Lawful U.S. Process" means U.S. federal, state, or local court orders, subpoenas, warrants, processes, directives, certificates or authorizations, and other orders, legal process, statutoryauthorizations and certifications for electronic surveillance, physical search and seizure, production oftangible things, or access to or disclosure of domestic communications, call—associated data, transactional data, subscriber information, or associated records. 1.15 "Network Management Capabilities® means software or applications used to manage or monitor network operations. 1.16 "Network Operations Center" means anylocations and facilities performing network management, monitoring, accumulation of accounting and usage data, maintenance, user support, or other operational functions for Domestic Communications. 1.17. "Non—U.S. Government" means anygovernment, including an identified representative, agent, component or subdivision thereof, that is not a local, state, or federal governmentin the United States. 1.18 "Offshoring" means performing obligations ofthis agreement through the use of entities and personnel outside ofthe territoriallimits of the United States, whether those entities or personnel are employees of Matchcom or Phonetime, or their subsidiaries, or third parties.

1.19 "Outsource" or "Outsourcing" means, with respect to Domestic Communications, supporting the services and operational needs of Matchcom or Phonetimeat issue in this LOA through the use of contractors or third parties. 1.20 "Principal Network Equipment" means core network elements and any equipment, hardware, software, or applications capable ofcontrolling Domestic Communications. as well as device controllers, signal routing and routers. devices that perform network or element management, fiber optic line termination and multiplexing, core and edge routing, network protection, radio network control subsystem, mobility management, or lawfulintercept functions, and non— embedded software necessary for the proper monitoring, administration and provisioning of any such equipment. This definition may be modified from time to time by DOJ, pursuantto an amendment to this LOA, as may be necessary due to changesin technology, business model, management, structure of services offered, or governance of the Domestic Communications. 1.21 "U.S. Records" means Matchcom‘s or Phonetime‘s customer billing records, subscriber information, text, internet browsing or purchasing information, geolocation data, Customer Proprietary Network Information (CPNI) and any other related information used, processed, or maintained in the ordinary course of business relating to the services offered by Matchcom or Phonetimein the United States, including information subject to disclosure to a U.S. federalor state governmentalentity under the procedures specified in 18 U.S.C. § 2703(c) and (d) and 18 U.S.C. §2709. 1.22 "Wire Communication"has the meaning provided in 18 U.S.C. §2510(1). 2. TCI agrees that it will comply with all applicable lawfulinterception statutes, regulations, and requirements, including the Communications Assistance for Law Enforcement Act ("CALEA®), 47 U.S.C. § 1001 er seq., and its implementing regulations, and all court orders and other legal process for lawfully authorized Electronic Surveillance and other Lawful U.S. Process. 3. Upon receipt of any Lawful U.S. Process, TCI shall place within the territorial boundaries of the United States any and all information requested by the Lawful U.S. Process within the period oftime for response specified in the Lawful U.S. Process, or as required by law, and shall thereafter comply with the Lawful U.S. Process. 4. TCI agrees to notify DOJ, at least 30 days in advance, of anychange to its current services portfolio using the means of communication set forth herein. 5. TCl agrees to provide a detailed System Security & Integrity Plan ("SSI"), which must be reviewed and approved by DOJ within 60 days ofthe Date of this LOA, which shall address, but not be limited to, information security, remote access, physical security, cyber— security, third—party contractors, Outsourcing and Offshoring, system logs, protection of Lawful U.S. Process and protection of U.S. Records obtained by Matchcom or Phonetime through the

provision of services. The SSI shall also include a plan for Matchcom and Phonetime to amend any existing contracts with third—party providers of services to require those third—parties to notify Matchcom and Phonetime in the event of a breach orloss of U.S. Records within a specified time period after discovery. TCl agrees to confer with DOJ in good faith about any aspect or term of the SSI which DOJ believes presents a national security or law enforcement concern, and to resolve that concern before finalizing any SSI and integrating it into the company‘s compliance plan and structure. 6. TCI agrees that it will not, directly or indirectly. disclose or permit disclosure of, or Access to U.S. Records or Domestic Communications or anyinformation (including call content, Geolocations Data, Internet Search Information and call data) pertaining to a wiretap order, pen/trap and trace order, subpoena, or any other Lawful U.S. Process, if the purpose of such disclosure or Accessis to respond to a legal or informal request made on behalfofa Non— U.S. Government entity, withoutfirst satisfying all pertinent requirements ofU.S. lawand obtaining the express written consent of DOJ, or obtaining a ruling authorizing the disclosure from a court of competent jurisdiction in the United States. Any legalor informal requests submitted by a Non—U.S. Governmententity to Matchcom or Phonetime shall be referred to DOJ for prior approval as soon as possible, but no later than five (5) business days after such request is received by or made known to Matchcom or Phonetime, unless disclosure of the request or legal process would be in violation of U.S. law or an order ofa court of competentjurisdiction of the United States. 7 TCl also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. 8. TCI agrees to notify the FBI and the United States Secret Service within seven (7) days ifit learns thata person or entity without authorization, or in exceeding their authorization. has intentionally gained access to, used, or disclosed any ofits customer‘s CPNI, whether through TCI‘s network or that of a third party used by TCI, and shall report the matter to the central reporting facility through the following portal: https://www.cpnireportine.gov/cpni/content/disclaimer.seam 9: TCI agrees to maintain at all times a law enforcement point of contact ("LEPOC") in the United States who will be subject to prior approval by the FBI. The LEPOC shall be a U.S. citizen residing in the United States, unless DOJ agrees in writing otherwise, and the LEPOC must be approved by the FBI to receive Lawful U.S. Process for U.S. Records and to assist and support lawful requests for surveillance or production of U.S. Records by U.S. federal, state. and local law enforcement agencies. TCI agrees to maintain that individual as the LEPOC unless TCI has notified DOJ no less than 30 days prior to any changeto its LEPOC. TCI‘s nominated replacement shall be subject to DOJ review and FBI approval. TCI also agrees that the designated LEPOC will have Access to all U.S. Records, and the ability to move such recordsinto theterritorial boundaries ofthe United States, and, in response to Lawful U.S. Process, to make such records available within the time specified in the Lawful U.S. Process, or required by law. At thistime, Miguel ("Mike") A. Vazquez (a.k.a. "Mike" Vazquez) is TCI‘s LEPOC and has been found suitable to serve in that capacity by DOJ and the FBI.

10. TCl further agreesthat it will provide advance notice to DOJ ofall outsourced service providers for Matchcom or Phonetime located in whole or in part outside the United States, including but not limited to services provided in relation to: Managed Network Service Provider: Network Operation Center(s) ("NOC"); Network maintenance services: Customer support services; Any operation/service that could potentially expose U.S. domestic telecommunications infrastructure, U.S. customer data and records, Call Detail Records ("CDRs"), or CPNI by any means; and, Deployment of any Network Elements, Principal Equipment, and Network Management Capabilities, including but not limited to software or applications used to manage or monitor network operations, that are owned, managed, created, altered, supplied or controlled by a foreign entity, including a foreign government. 11. TCI agrees to provide DOJ with notice of any change to Matchcom‘s or Phonetime‘s business, including but not limited to changes in its corporate structure, ownership, business model, corporate name, corporate location, or business operations locations within 30 days of such change, and any change in products or services offered no less than 30 days in advance of such change. 12. TCI agrees to provide an annualreport to DOJ regarding TCI‘s compliance with this LOA, including: A statement confirming that the company‘s handling of U.S. Records, Domestic Communications, and Lawful U.S. Process was in accordance with the assurances contained herein, and a list of all individuals with access to U.S. CDRs: An updated list of Matchcom‘s and Phonetime‘s Principal Equipment vendors and suppliers; An updated network diagram/network topology: A statement providing details of any occurrences ofeyber—security incidences, network and enterprise breaches, and unauthorized Access to customer data and information, and Matchcom‘s/Phonetime‘s response, including those that happened to Matchcom‘s or Phonetime‘s vendors, to the extent TCl has awareness of such matters; and, A statement confirming the name, role and contact information ofthe LEPOC.

13. The annual report will be due every 1" dayof Mayof each calendar year, beginning on May1, 2019. The annual report and all information required to be reported by TCI to DOJ by this LOA shall be addressed to: Assistant Attorney General for National Security U.S. DepartmentofJustice National Security Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Attention: FIRS/Team Telecom Staff 14. Courtesy electronic copies of all notices and communications required herein shall also be sent to the following or individuals identified by DOJ: Joanne Ongman at Joanne.Ongman@usdoj.gov; Bermel Paz at Bermel.Paz@usdo}.gov; and Loyaan Egal at Loyaan.Egal@usdoj.gov and to the DOJ mailbox FIRSTT@usdoj.gov. 15. This LOA shall inure to the benefit of, and shall be binding upon, TCI and its successors, assigns, subsidiaries, and affiliates, if any. TCI agrees that, in the event that the commitments set forth in this Agreement are breached, in addition to any other remedy available at law or equity, DOJ may request the FCC to modify, condition, revoke, cancel, terminate or render null and void any relevant license, permit, or other authorization granted by the FCC to Matchcom or Phonetimeoreither‘s successors—in—interest. 16. Nothing in this Agreementis intended to exeuse Matchcom or Phonetime from its obligations to comply with any and all applicable legal requirements and obligations. including any and all applicable statutes, regulations, requirements, or orders. 1X TCI understands that, upon execution of this Agreement by an authorized representative or attorney, or shortly thereafter, DOJ shall notify the FCC thatit has no objection to the FCC‘s consent to FCC application file number ITC—214—20170227—00054 . Sincerely, Mike V cz C # Tellza Inc.


Document Created: 2018-06-14 12:54:38
Document Modified: 2018-06-14 12:54:38
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